Filing a Claim After Being Injured by Falling Cargo in a Truck Accident
Trucks create potential dangers on the road just because of their size. However, there are other issues related to these massive vehicles and the incredible amounts of cargo they transport throughout the country. Over 90% of communities in Tennessee rely on trucks to receive their goods, meaning the state’s roads are full of semis at any given time. Unfortunately, those trucks may leave debris behind them when they lose some of their cargo, creating obstacles for other vehicles and, at times, even striking them. When this happens, it can cause devastating crashes and injuries. The victims of truck cargo crashes need to pursue compensation for their injuries.
How cargo causes accidents
There are two main types of cargo accidents, and both can cause serious collisions, especially on high-speed roads.
Avoidable debris
Some debris might fall onto the road without coming in contact with other vehicles. Common debris includes tires, car parts, furniture, and other cargo. On highways where vehicles are traveling at high speeds, cars may strike this debris, leading to crashes, or swerve to avoid it, which can also cause loss of control and collisions. At night or in low visibility conditions, the risk of striking loose items on the road increases.
Unavoidable debris
If a vehicle is unlucky enough to be on the road when loose cargo falls from a truck, the objects might strike them suddenly out of the air. In these cases, there is an even greater risk of severe crashes. The debris can collide with a car’s windshield, harming the occupants. This type of accident often results from someone improperly securing the cargo.
Does debris from trucks often cause accidents?
Debris on the road causes around 730 deaths annually in the US, while another 17,000 people sustain injuries. While most of those are related to unsecured loads on passenger vehicles, some are also caused by commercial trucks. Additionally, even large truck tires cause many accidents a year. A loose tire can even cause fatal injuries if it strikes another vehicle.
Liability in cargo-related truck accidents
In any truck accident, liability can be complex. The driver, employer, and others may be legally responsible. When it comes to debris, liability can be even more challenging. Here are the possible parties that might be at fault.
The cargo loader
Cargo loading and securement rules set out the proper way to ensure that loads on trucks stay put. If a cargo company or person improperly secures a load, overloads a truck, or otherwise creates risks, they can share the liability for resulting accidents.
The trucking company
Trucking companies may be liable for their employees’ actions, including the driver and the people who loaded the cargo. It is also their responsibility to ensure the maintenance of their vehicles. As a result, they may share fault even when a tire comes loose and causes injuries because proper maintenance should prevent that type of incident in most situations. It is also up to the company to meet FMCSA regulations, which include cargo loading standards.
The driver
The driver might be liable if the way they operated the truck also contributed to the accident. Speeding and reckless driving can increase the risk of these types of accidents and make it more likely that a truck will lose a tire.
Anyone seeking compensation must determine the right people or companies to include in the lawsuit. Working with an experienced truck accident lawyer can help accident victims gather evidence and determine who to file the lawsuit against.
Injuries from cargo-related truck accidents
Cargo-related truck accidents can cause all types of injuries, including some of the most severe, such as brain damage, broken bones, paralysis, and organ damage. Tragically, they also lead to fatal results. In the case of catastrophic injuries, there is often a great need for compensation to help cover medical expenses, as well as lost income, rehabilitation costs, caregiving, and much more.
Comparative fault in truck accidents
One concern injury victims may struggle with is how their role in a crash might impact their ability to collect damages. After all, car and truck accidents can have many causes, and multiple people might be at fault. The good news is that Tennessee’s laws will allow you to recover damages even when you are up to 49% at fault for the accident. If you are 50% or more to blame, the court will not allow you to recover. As long as you are under that cut-off, you can collect compensation. Your share of the fault will serve to reduce rather than prevent your damages.
In practice, this might happen if a driver was speeding and struck debris as it fell out of a truck. The court might find that the injuries would not be as severe if they were traveling at a lower speed. However, the main cause of the injuries would be the improperly secured cargo that fell off the truck. If a court finds that the driver in this situation is 10% at fault, they will collect 90% of the total damages.
Insurance companies and the need for legal support
Fault can lead to problems when an injury victim speaks to an insurance company. Insurers are out for their profits and will try to minimize victims’ injuries or shift blame onto injured persons to avoid payouts. For this reason, it is extremely important to find an attorney as soon as possible to have a professional advocate who can handle these conversations and negotiations.
How Rocky McElhaney Law Firm can help
If you were injured in an accident related to debris from a truck, you need the help and support of an experienced attorney. At Rocky McElhaney Law Firm, our award-winning team can help. You only have limited time to file your claim, so do not hesitate to reach out. We have secured favorable outcomes for many clients who suffered serious harm in truck accidents in and around Nashville. Fill out our contact form to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.